Welcome to the FreshOnline Terms & Conditions
We’ve tried to keep our terms as simple to understand as possible, but please do get in touch if you have any questions.
NB: when you accept our quote via email, you will also be accepting the Terms & Conditions outlined below, so please read the following carefully.
Good Faith Understanding
As a small business, we are reliant on our clients providing the content we need to complete projects swiftly, for them also to review our work promptly and to pay us on time. These key components ensure we can continue to offer timely, quality services that are also reasonably priced.
• As our client, you confirm that you have the authority to acquire our services on behalf of your company/organisation.
• You agree to provide all the information we need to complete the project, such as images, text, logos – supplied in the format we request.
• You agree to review, give feedback and sign off work rapidly so as not to cause delays.
• You will be bound to the deadlines we set together to get the project completed on time.
• You agree to stick to the payment schedule put in place.
Our office opening hours are Monday – Friday, 9am – 6pm and we close for national holidays and bank holidays. Outside of these business hours, you can still contact us via email or voicemail – and we will get back to you as soon as we can.
• Our standard hourly rate is £45 per hour for general media and design work and £60 per hour for client training.
• We will supply a detailed quote, setting out the amount of work needed to complete your project, so you will know the exact costings before we start.
• Any additional work required once the project has commenced – extra web pages, services, or images for example – will be quoted separately and added to your invoice at the end.
We are VAT registered and charge at the standard rate.
• All invoices are sent electronically and are payable within 7 days of receipt by BACS. We do not accept cheques.
• We require a 50% deposit for all project-based work unless otherwise agreed beforehand. With the outstanding balance payable on completion.
• For larger ongoing projects and packaged services, scheduled payments will be agreed in advance, which could be paid monthly or quarterly for example.
Late Payment Terms
In line with The Late Payment of Commercial Debt (Interest) Act (1988), we understand and will exercise our statutory right to interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms. This says that for debts of less than £1,000 the penalty is £40, which rises to £70 for debts up to £9,999.99, and £100 for anything above that. We will also charge you interest of 8 percent over the Bank of England base rate for late payments.
If a project is delayed by over 180 days, (counted from the first day FreshOnline commences this work for the client,) and this delay is due to the client not providing the needed content/decisions to reach completion, then we reserve the right to invoice clients for the full project fee and any additional services outstanding.
Timescales and Deadlines
We strive to ensure every project is delivered on time. However, if unforeseen issues arise that impact the timings of the agreed deadline, we will inform you as soon as possible. But please be aware, we will not be held liable for any loss or damages to any party as a result of us missing a deadline.
By using our services, you agree to indemnify us against any claim, including that of a 3rd party, for compensation, loss, or damages resulting from the work we have carried out on your behalf.
Terms of FreshOnline Services
Here follows a breakdown of each of the FreshOnline services, clarifying our position for each.
1. Website Design and Maintenance Services
• Build and Design Features
Our websites are built using WordPress alongside themes and plugins to customise the look and functionality required. Whilst we always try our best, there may be limitations to the technology available.
• Snagging Period
A 4 week ‘snagging period’ is always implemented once a website goes live, to allow for any small adjustments. Updates required after this period will be charged at our standard hourly rate. Also, any larger content changes requested during the ‘snagging period’ will be chargeable.
• Client Access
Clients will be given access to make updates, or to engage a 3rd party to make changes on their behalf. If they require us to make changes, then they will be charged at our standard hourly rate. For larger, ongoing updates, we can always quote a fixed price.
• Migration & Hosting
Clients have the right to migrate their website to a new web hosting provider at any time. Our web hosting fees are billed annually in advance and no refunds will be given for unused time. FreshOnline can assist clients with migrating their web hosting to another provider, but our time will be charged at our standard hourly rate.
• Technical Updates
The client is responsible for all technical updates required on the website, including CMS, Theme and Plugin updates. The client can instruct FreshOnline to run these updates as part of our monthly maintenance package and will be billed accordingly.
• Intellectual Property & Copyright
FreshOnline is employed to design and build the client’s website, but the website itself is the property of the client who has responsibility for all content within the website. FreshOnline reserves the right to use any extracts of our work for our portfolio and marketing purposes unless otherwise agreed beforehand. Whilst we make every effort not to breach any copyright, you agree to indemnify us against action that may arise as a result of using our services.
• Liability and Loss of Earnings
The client accepts responsibility for all content within the website and FreshOnline accepts no liability for content published on the site. We accept no liability in the unlikely event that the client loses business or customers as a result of the website.
2. Hosting Services
FreshOnline uses hosting from trusted 3rd party providers. Whilst we will work with our hosting providers to remedy any technical issue, we are not liable for clients’ loss of services or revenue.
We charge annually in advance for our hosting services. Any unused service is non-refundable.
Clients have the option to migrate away from our hosting services. FreshOnline will charge our standard hourly rate for any work required by us to implement the migration.
3. Search Engine Optimisation (SEO) Services
• Fees charged for our SEO services are for the work undertaken to improve your SEO and are not linked to results or rankings.
• FreshOnline adopts a range of ‘white hat’ SEO techniques to help our clients improve search engine rankings, these are not guaranteed.
• We don’t guarantee results and accept no liability for loss of rankings or revenue.
4. Social Media Services
Social media packages are invoiced monthly in advance. Packages can be upgraded, downgraded, or cancelled at any time with the changes coming into effect at the end of the current month. All requests must be made in writing.
Our clients’ Social Media packages are planned in advance, detailing the categories of posts we will create, the schedule and frequency.
It is the clients’ responsibility to supply the text, images, videos, logos, branding and other content required to create these posts.
FreshOnline creates branded templates to showcase clients’ products, services, testimonials and quotes. These templates will be reused for multiple posts. Posts may be reposted in the future with a gap of at least 3 months in between.
FreshOnline will use scheduling software for some posts, in line with the agreed content plan. Additional posts can be added, 1 per month, providing the client provides the content – and these extra posts will count towards the total number agreed in the plan.
5. Email Marketing Services
We provide our professional services to design email templates and execute campaigns using email marketing platforms, such as Mailchimp. The cost of using such marketing platforms remains the responsibility of the client, our fees are charged for the template design and campaign planning.
Our template designs are limited by each email marketing platform’s capabilities and functionality.
The client is responsible for ensuring their email marketing lists comply with data protection regulations. FreshOnline accepts no liability for any data held or processed by the client.
6. Training Services
FreshOnline will supply our clients with all the relevant material needed to complete our digital marketing training courses. This information must never be duplicated by our clients or shared with others.
Whilst our courses aim to offer the very latest and best practice digital marketing advice, we are not liable for the marketing results achieved by our clients following the course.
Our training cancellation/rescheduling terms are as follows:
If FreshOnline cancels or reschedules any course, the client will be offered an alternative training date or a full refund. This refund is limited to the cost of the affected course only, we will not be liable for any other costs.
Should the client wish to cancel or reschedule a course, we reserve the right to charge:
~ 100% of the course fees for cancellation/rescheduling requests received within 14 days of the course start date.
~ 50% of the course fees for cancellation/rescheduling requests received before 14 days of the course start date.
Thank you for reading our Terms & Conditions. If you have any questions, just ask. We look forward to working with you!